E/CN.4/2005/61/Add.1 Page 76 303. According to the Government’s response, statements allegedly made by individuals criticizing Islam, such as those statements referred to by the Special Rapporteur, are not illegal under United States law. Even where the United States Government finds the content of such expression to be misguided and repugnant, the Constitution mandates that the Government neither prohibit nor regulate speech merely as a result of disapproval of the ideas expressed. The criminal justice system penalizes specific unlawful actions (which might or might not be inspired by hate, xenophobia, or racism), as opposed to punishing speech itself. The Government’s preferred approach to addressing hate speech is to confront it openly, to denounce it, and to promote tolerance, equality, and similar ideals through competing speech. 304. With regard to the negative comments on Islam allegedly made by Lieutenant General William G. Boykin, Deputy Under-Secretary of Defence for Intelligence, while speaking to private groups, the Government informed the Special Rapporteur that the office of the Inspector General at the Department of Defence had opened an investigation into this matter and that this investigation was still ongoing. Responding to a question about General Boykin’s remarks at a press conference on 28 October 2003, President Bush reportedly said that “He doesn't reflect my point of view or the view of this administration”. 305. According to the Government’s response, there were numerous examples that illustrated the commitment of the United States to free speech and religious tolerance, including: (a) President Bush had hosted Iftaar dinners at the White House in 2001, 2002 and 2003 to celebrate Eid al-Fitr. During his remarks at the 2003 dinner, President Bush observed: “As we defend liberty and justice abroad, we must always honour those values here at home. America rejects all forms of ethnic and religious bigotry. We welcome the values of every responsible citizen, no matter the land of their birth. And we will always protect the most basic human freedom the freedom to worship God without fear.”; (b) President Bush had visited the Islamic Center of Washington, DC and had made numerous public statements in support of Islam and its adherents; (c) On 20 February 2003, a jury found Charles Franklin of Florida guilty of damaging religious real property. He was sentenced to a term of 27 months' imprisonment for driving his vehicle into the entryway of the Islamic Center of Tallahassee in Tallahassee, Florida; (d) On 3 April 2003, Robert Goldstein pleaded guilty to a charge of conspiracy to violate civil rights, attempting to damage religious property, obstruction of persons in the free exercise of religious beliefs, and possession of firearms not registered to him. He had planned to detonate an explosive device at the Islamic Society of Pinellas County, Florida, an Islamic education and cultural centre. In June 2003, he was sentenced to 12 years and 7 months’ imprisonment. Then Assistant Attorney-General for Civil Rights, Ralph Boyd, Jr., stated: “Today's guilty plea is a reminder that acts of violence targeted at individuals because of their race, religion, or national origin will not be permitted in the United States--they will be aggressively investigated, swiftly prosecuted and

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